Bogus Ticket - Hearing Soon - please help!

[NYBLU]

What is the name of your state? NY

hi, please help me prepare with some advice. Please help me flush out valid points.

I am a nymom who was driving with my 6-year old son, along a road under a train platform.

The weather was extremely bad. It was pouring rain, and therefore, I was driving slow and cautiously)

I was driving normal speed, proceeding straight, when apparently out of nowhere, a police van made a U-Turn at an intersection where signs are posted NO-TURN. (obviously police can, but reasonably no one would expect a vehicle to do this)

The police made this U- turn, and proceeding to follow me a 1/2 block, when all of the sudden they start yelling on the speaker to pull over.

Thinking I might have went through a light, I ask them why they stopped me? FAILURE TO YIELD TO EMERGENCY VEHICLE!!!

This was NOT your common situation where you hear an ambulance or police car (lights and sirens) and you pull to the right to get out of their way.

PLEASE NOTE: That NOT at ANY time did they have lights or sirens on. How in the world was I supposed to see them making (normally an illegal U-turn) without any indication at all. It is completely bogus, and they were obviously looking to stop me to give a ticket (and probably fill their quota).

Not too mention the fact, that they sat their 20+ minutes writing me a ticket, while suddenly they had time to do this while there was an "emergency".

So, if I lose, I get 3-points on my license, pay a $90 fine (wish i could just pay the fine), and have my insurance rates go up, b/c of abuse of police power.

Now I have this hearing that, I have to keep my kid out of school, find a babysitter for my kids (3total), and my husband has to take a day off work for a hearing where I'm probably going to lose b/c of city bureacracy.

Additional info (the officer was nasty, my son was feeling sick, and he never gave me back my registration. I logged a civilian complaint with the civilian board of review, and the sargeant from the precint called and I told the whole story, not realizing he was from the precint - strange)

What is my best defense? How can I discredit the officer's testimony? Please reply soon! Thank you so much!

 

[Hey There]

Is this the information you're looking for?

NYBLU
3-22-08

Vilolation Code #?

New York State Consolidated Laws : Vehicle & Traffic

ARTICLE 26
RIGHT OF WAY

S 1144. Operation of vehicles on approach of authorized emergency
vehicles. (a) Upon the immediate approach of an authorized emergency
vehicle equipped with at least one lighted lamp exhibiting red light
visible under normal atmospheric conditions from a distance of five
hundred feet to the front of such vehicle other than a police vehicle or
bicycle when operated as an authorized emergency vehicle, and when audi-
ble signals are sounded from any said vehicle by siren, exhaust whistle,bell, air-horn or electronic equivalent; the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to the right-hand edge or curb of the roadway, or to either edge of a one-way roadway three or more lanes in width, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, unless otherwise directed by a police officer.
(b) This section shall not operate to relieve the driver of an author-
ized emergency vehicle from the duty to drive with reasonable care for all persons using the highway.
*******************
In court the officer may omit the date, time, location, direction, driver's ID or make statements that are at odds with his other testimony or what is on the ticket. If the driver asks to see the officer's notes and checks for errors this helps his defence.
When the officer is done with his statement the driver can point out errors and omissions the officer has made.He can then question the officer.
For example if a driver is cited for failure to yield to an emergency vehicle and the emergency vehicle is identified as the officer's car
At the hearing the driver can ask where the police vehicle was when he first spotted his car, what emergency he was answering to,what signals were being given (siren,flashing lights) and why the officer decided to interrupt the emergency call to issue a ticket.
If the officer claims that failure to yield was to an emergency vehicle other than his the driver would ask a similar set of questions.

The driver then offers his defence.Index cards or a small pad are convenient to have in court to take notes (the officer's ) and to write key points of defence.
If the driver observes the judge prior to the hearing and becomes concerned that he won't get a fair hearing he can ask for another date in hope of getting a different judge.
This applies to the Traffic Violations Bureau(TVB) which handles traffic infractions in NY city, Buffalo,Rochester,Babylon ,Brookhaven, Islip,Riverhead, Smithtown in west Suffolk County.

A court brochure of rules read carefully before a hearing helps prepare a defence.
If the hearing will be held at a County, Town ,City , or Village court a brochure should explain which rules apply in their court.

Let us know how this works out.
Best Regards,
Hey There



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[NYBLU]

And the result is.....



hey there, HeyThere,

I wanted to follow-up, and thank you so much for your reply! I used your info as my bible, and prepared for this day as much as possible.
It was all so anti-climactic though, as I didn't EVEN have the chance to tell my side of the story - it was all over so fast.
Between the officer and the judge I was trying to take in all the numbers and legal mumbo-jumbo, and officer said something out "GLA" (???)- searched internet high and wide - but nonetheless, did catch the words NOT GUILTY!!!
WHew!
I think he couldn't prove adherence to the 1144 (which was mentioned)
Thanks again, and sometimes free advice is the best advice!

Regards,
NYBLU